THE
REGULAR CITY COUNCIL MEETING of the City of Port Orange was called to order by
Mayor Allen Green at 7:00 p.m.

Pledge
of Allegiance

Silent
Invocation

Roll
Call: Present: Councilman Bob Ford

Councilman
Donald Burnette

Councilman Dennis
Kennedy

Vice
Mayor Bob Pohlmann

Mayor
Allen Green

Also
Present: Kenneth W. Parker, City Manager

Margaret
T. Roberts, City Attorney

Robin
Fenwick, Deputy City Clerk

Laura
Tennant, City Clerk’s Office

4.Discussion of
Proposed Millage Rate FY 11/12

Mayor
Green gave an overview of the proposed millage rate.

Councilman
Ford believes they may be able to go lower because of recent reductions in expenditures.
He believes it’s something to look at.

Councilman
Burnette is pleased to be below rollback. He wants to look for efficiencies.

Vice
Mayor Pohlmann believes 4.95 turned out to be a fair rate. He is open for
discussion on lowering the rate. He pointed out that this is five (5)
consecutive years of no tax increase.

Councilman
Kennedy would like to get final numbers tallied. He would like to see if it can
be reduced to 4.9 or 4.85.

Mayor
Green asked for public comments.

Brian Spies
asked why they are lowering millage rates when they are taking money back from the
fire department.

Ted Noftall
thinks a mill is worth $2 million and objects to the 4.95 rate. The number
includes a sick leave buy-back program. It also provides an across the board
raise for employees including those making over $100,000. The amount charged to
taxpayers for the fire marshal that could be contracted out would make the
number lower without hurting anything, as well as not paying the $500,000
additional payment to unfunded liability. He discussed surplus and giving back
to the taxpayer. He also discussed objections to fire personnel budget. He feels
there is room to reduce the budget.

Mayor
Green believes if they are going to address the budget, they need to address the
actual issues.

Mr.
Parker provided a comparative number this afternoon regarding the fire
personnel budget. There is a substantial reduction for fire reflected in the proposed
budget. There are other reductions as well. The major changes are in two areas:
1-required contribution and 2-health insurance increases. He discussed the
changes in salary and insurance. Insurance and FICA cancel each other out. If the
new pension ordinance is adopted this month, the budget would be reduced with a
difference of $184,546. The budget doesn't assume that you are going to adopt
the ordinance on second reading. If the ordinance is adopted the budget could
be reduced. There are nine vacancies in the fire department that need to be filled
as soon as possible to bring the department back to full staff for operational
purposes. The budget assumes the positions will be filled. After those
positions are filled, reserves would be hired back. He referenced the question
from last week regarding savings by going backwards. As of March 10, 2012, the savings
was about $79,000 with a potential of $184,000 in savings in pensions if the
second revision is adopted. That is in addition to $156,000 in contingency.

Councilman
Kennedy asked where the savings are showing up. Mr. Parker says it shows in
contingency. This is the first reading. The file adjustment in millage will occur
on the 18th should the Council choose to do so; there are options. Councilman
Kennedy asked if it is left at 4.95 tonight if there is still the option of
dropping it lower. He pointed out that they can only go down from here, not up.
He supports leaving it where it is and discussing final numbers and making adjustments
on September 18th. Mr. Parker said that is correct. A sheet was
provided that gives what each drop in millage rate does. Councilman Kennedy
asked if the nine vacancies are filled, would the City hire additional reserves.
Mr. Parker said yes, to be sure there is a pool to draw from with turnover. There
are several fire personnel in DROP. The pool gives opportunity to look at
individuals before becoming fully employed.

Vice
Mayor Pohlmann asked if the final pension contribution is 2.538 for existing
firefighters. Mr. Parker said if it is applied to the pensionable wage and for
future employees, yes. Vice Mayor Pohlmann asked if the 2.5 mil pension contribution
will increase or not. Mr. Parker said that is the number applied to payroll
today listed in the budget. Vice Mayor Pohlmann asked if the $156,000 could
also be pulled out. Mr. Parker said that is the contingency, Council can pull
it out.

Councilman
Burnette asked if it has been budgeted for reclaiming additional monies from
Fire. Mr. Parker said Council wanted to do a full review before implementation.

Councilman
Ford would like to send a message to people of hope and take some of the
savings and go to 4.9 as a statement, saying Council is trying to work on the pension
issues and here is a step of what they hope will be improvements for citizens
and keep the rest in contingency. He would like to put a down payment for
taxpayers.

Mayor
Green stated it should not to be taken personal but he believes the fire marshal
position should be contracted out. He doesn’t want to single out any
individual, it is just an example. They are always looking at fire side and he
wants to look at all departments to be fair.

A RESOLUTION OF THE
CITY COUNCIL OF THE CITY OF PORT ORANGE, VOLUSIA COUNTY, FLORIDA; ADOPTING THE
TENTATIVE PROPERTY TAX MILLAGE RATES TO BE LEVIED FOR FISCAL YEAR 2012-2013;
AND PROVIDING AN EFFECTIVE DATE.

Motion to approve
Resolution No. 12-50 made by Vice Mayor Pohlmann, and Seconded by Councilman
Kennedy.

Mayor
Green advised that this Resolution sets the millage rate at 4.95.

Ms. Roberts
advised that it can be modified but then it would not be voted on at this time.

Councilman
Ford would like to go to 4.9. Mr. Parker advised that the amounts have been recalculated,
and it would be a reduction of $107,559, which is 2.5% below rollback.

Councilman
Burnette doesn’t mind waiting. He intends to lower it one way or the other.

Mayor
Green recommended that Council approve this Resolution and look at additional
data and make changes at a later date after looking at material.

Mayor
Green asked for consensus to vote on this Resolution and make changes on
September 18, 2012 at the second reading.

Vice
Mayor Pohlmann asked how they will know what the final reductions will be. Mr.
Parker will bring materials to them. He advised that they have budgeted an
amount necessary to fund the ordinance change.

Mayor
Green asked for public comments.

Ted Noftall
believes there is far more savings than what is being discussed. He believes
it is common knowledge that the City overcharges in the general fund. Police
underspent last year, as did Fire. He discussed the vacancies, and said they
won’t be filled so there is surplus. The pension is upside down. He wants to
look at real savings.

Motion carried
unanimously by roll call vote.

Mayor Green
announced the adopted tentative millage rate of 4.95 mills per $1,000.00 of
valuation is less than the rolled-back rate, which reflects a 1.51% decrease in
ad valorem tax revenues below the rolled-back rate.

A RESOLUTION OF THE
CITY COUNCIL OF THE CITY OF PORT ORANGE, VOLUSIA COUNTY, FLORIDA; ADOPTING THE
TENTATIVE OPERATING BUDGET FOR FISCAL YEAR OCTOBER 1, 2012 THROUGH SEPTEMPBER 30,
2013 FOR THE CITY OF PORT ORANGE; SETTING FORTH ANTICIPATED SOURCES OF REVENUE
IN THE ESTIMATED AMOUNT OF $84,101,719; SETTING FORTH EXPENDITURES IN AN
EQUIVALENT AMOUNT; PROVIDING FOR APPROPRIATION PROCEDURES; AND PROVIDING AN
EFFECTIVE DATE.

Motion to approved
Resolution No. 12-51 made by Vice Mayor Pohlmann, and Seconded by Councilman
Kennedy.

Councilman
Ford asked about the $1.5 million being put into Riverwalk. He wants to be
assured it is only to pay for debt service and not being used for subsidizing
the developer. Mr. Parker said Council controls the budget. A discussion will
come later in this meeting with a different resolution that will speak directly
to Councilman Ford’s concerns.

Councilman
Burnette asked what the budget amount was at the height of the market. Mr.
Parker advised that he doesn’t recall but will find out. John Shelley, Finance
Director said it was over $100,000,000. Mr. Parker will get the exact amount. Councilman
Burnette asked if transfers are considered income in the budget, which would
mean the actual income is more in the $60,000,000 range. Mr. Parker said yes.

Councilman
Kennedy asked if the golf course operating fund includes the new contract. Mr.
Parker said it includes their recommended budget.

A RESOLUTION OF THE
CITY COUNCIL OF THE CITY OF PORT ORANGE, VOLUSIA COUNTY, FLORIDA; ADOPTING THE
TENTATIVE CAPITAL BUDGET FOR FISCAL YEAR OCTOBER 1, 2012 THROUGH SEPTEMBER 30,
2013 FOR THE CITY OF PORT ORANGE; SETTING FORTH ANTICIPATED SOURCES OF REVENUE
IN THE AMOUNT OF $9,776,893; SETTING FORTH EXPENDITURES IN AN EQUIVALENT
AMOUNT; PROVIDING FOR APPROPRIATION EXPENDITURES; AND PROVIDING AN EFFECTIVE
DATE.

Motion to approved
Resolution No. 12-52 made by Vice Mayor Pohlmann, and Seconded by Councilman
Kennedy.

A RESOLUTION OF THE
CITY COUNCIL OF THE CITY OF PORT ORANGE, VOLUSIA COUNTY, FLORIDA; ADOPTING THE
TENTATIVE PROPERTY TAX MILLAGE RATES TO BE LEVIED FOR THE TOWN CENTER TAX
INCREMENT DISTRICT, FOR FISCAL YEAR 2012-2013; AND PROVIDING AN EFFECTIVE DATE.

Motion to approved
Resolution No. 12-53 made by Vice Mayor Pohlmann, and Seconded by Councilman
Kennedy.

Councilman
Burnette asked if the change in millage rate goes to the CRA as well. Mr.
Parker said yes it will all be adjusted accordingly before the next meeting.

A RESOLUTION OF THE
CITY COUNCIL OF THE CITY OF PORT ORANGE, VOLUSIA COUNTY, FLORIDA; ADOPTING THE
TENTATIVE TOWN CENTER TAX INCREMENT DISTRICT OPERATING BUDGET FOR FISCAL YEAR
OCTOBER 1, 2012 THROUGH SEPTEMBER 30, 2013 FOR THE CITY OF PORT ORANGE; SETTING
FORTH ANTICIPATED SOURCES OF REVENUE IN THE ESTIMATED AMOUNT OF $124,308;
SETTING FORTH EXPENDITURES IN AN EQUIVALENT AMOUNT; PROVIDING FOR APPROPRIATION
PROCEDURES; AND PROVIDING AN EFFECTIVE DATE.

Motion to approved
Resolution No. 12-54 made by Vice Mayor Pohlmann, and Seconded by Councilman
Kennedy.

A RESOLUTION OF THE
CITY COUNCIL OF THE CITY OF PORT ORANGE, VOLUSIA COUNTY, FLORIDA; ADOPTING THE
TENTATIVE PROPERTY TAX MILLAGE RATES TO BE LEVIED FOR THE EASTPORT TAX
INCREMENT DISTRICTS, FOR FISCAL YEAR 2012-2013; AND PROVIDING AN EFFECTIVE
DATE.

Motion to approved
Resolution No. 12-55 made by Vice Mayor Pohlmann, and Seconded by Councilman
Kennedy.

A RESOLUTION OF THE
CITY COUNCIL OF THE CITY OF PORT ORANGE, VOLUSIA COUNTY, FLORIDA; ADOPTING THE
TENTATIVE EASTPORT TAX INCREMENT DISTRICT OPERATING BUDGET FOR FISCAL YEAR
OCTOBER 1, 2012 THROUGH SEPTEMBER 30, 2013 FOR THE CITY OF PORT ORANGE; SETTING
FORTH ANTICIPATED SOURCES OF REVENUE IN THE ESTIMATED AMOUNT OF $291,134;
SETTING FORTH EXPENDITURES IN AN EQUIVALENT AMOUNT; PROVIDING FOR APPROPRIATION
PROCEDURES; AND PROVIDING AN EFFECTIVE DATE.

Motion to approved
Resolution No. 12-56 made by Vice Mayor Pohlmann, and Seconded by Councilman
Kennedy.

Mayor
Green asked for public comments.

Ted Noftall
asked what the projection is for Eastport and when will it run out of money. Mayor
Green said it was discussed but he can't recall. Mr. Parker said a full
projection will be provided to Council.

Motion carried
unanimously by roll call vote.

Motion to direct the
City Clerk to publish an advertisement providing notice of the City of Port
Orange City Council’s intent to adopt the final millage rate and final
operating and capital budgets for the City of Port Orange, the Community
Redevelopment District for Port Orange Town Center and the Community
Redevelopment Agency for Eastport Business Center accompanied by an adjacent
notice meeting the budget summary requirements of law was made by Vice Mayor
Pohlmann, and Seconded by Councilman Kennedy.

Mayor
Green asked for public comments; there were none.

Motion carried
unanimously by roll call vote.

Mayor
Green announced the following:

“In addition to the
forgoing general operating budget/millage levy, there is a voter approved
millage levy of 0.0629 mills to fund the debt service for the 2003 general
obligation bonds issued for public safety capital facilities”; and

“In addition to the
foregoing general operating budget/millage levy, there is a voter approved
millage levy of 0.5040 mills to fund the debt service for the 2006 general
obligation bonds issued for public safety capital facilities.”

“A Public Hearing
will be held on September 18, 2012, at 7:00 P.M. in City Council Chambers at
City Hall, 1000 City Center Circle, Port Orange, Florida, to discuss and adopt
a final millage rate, the final operating and capital budget for FY 2012-13 for
the City of Port Orange, the Community Redevelopment Agency for Port Orange
Town Center and the Community Redevelopment Agency for Eastport Business
Center.”

City
Council recessed at 7:41 p.m. to hold the Eastport CRA Meeting, minutes of
which are under separate cover.

City
Council reconvened at 8:00 p.m.

CITIZEN
PARTICIPATION (Agenda)

12.Port Orange/South Daytona Chamber of
Commerce Quarterly Report

Debbie
Connors provided the update from the Port Orange/South Daytona Chamber of
Commerce. There are very positive reports from the business community.
Leadership 2012 program begins Wednesday, September 12th. November 29th is the
Chamber Annual Banquet. They are open to new ideas for speakers and events that
will help businesses. The weekend of November 10-11 she needs 30 people to be
proctors for Palmer Chiropractic College testing. Proctors are paid $155 per day.

Council
Members all thanked Ms. Connors for everything she and her staff do for the
community. Councilman Burnette wants a lunch with Ms. Connors and Bob Davis
(and Ken Parker if he wants to attend) regarding sports marketing.

CITIZEN
PARTICIPATION
(Non-Agenda – 15 Minutes)

Brian
Spies asked if Council could vote on where the firefighter money is going, and
asked if other cuts are being made to other departments. Mayor Green advised
that he met with Brian Spies to discuss the data relating to the firefighters.
Mr. Spies thanked Mayor Green for his time. Mr. Parker said he would provide
information to Mr. Spies.

Beau
Gardner, Lieutenant with the Port Orange Fire Department, advised that he read Roberts
Rules of Order and didn't find anything that would prevent Council from making
a motion and voting today. He provided Council with a copy of his bank
statement showing his deposits from the City and advised Council he may need to
apply for food stamps because of all of the cuts. Mayor Green advised it's
coming back to Council for consideration.

CONSENT
AGENDA

13.Approval of Minutes

a.August 21, 2012 –
Regular City Council Meeting

b.August 28, 2012 –
Special City Council Meeting

14.Construction Activity Report

15.Parks & Recreation Project Updates

16.Addendum Number 1 to Amendment Number
3 with Zev Cohen & Associates for Coraci Multi-Purpose Field

17.License Agreement for effluent reuse
and fiber optic pipelines installed on property owned by FP&L Company

18.Engineering Services for the Police
Shooting Range Facility

19.County of Volusia Interlocal Agreement
for Provision of Municipal Services

20.Approval of Vendor for the fuel system
contract to E.J. Ward, Inc. based on GSA contract pricing

21.Renewal of Continuing Engineering for
Site Development Services Contract

Mr.
Parker reminded Council that this item will be brought to second reading on
September 18, 2012. The City Clerk has advertised the item as required.

FINANCE
(John
Shelley)

23.Resolution No. 12-49 – Budget Appropriations
(BER)

Mayor
Green read Resolution No. 12-49.

RESOLUTION
NO. 12-49

A RESOLUTION OF THE
CITY OF PORT ORANGE, VOLUSIA COUNTY, FLORIDA; APPROPRIATING OPERATING FUNDS FOR
VARIOUS CITY OPERATIONS; SETTING FORTH REVENUES AND EXPENDITURES; AND PROVIDING
AN EFFECTIVE DATE.

Mr.
Parker suggested new language be added to section 2 as follows:

“None of the funds
appropriated for the Town Center redevelopment in this resolution shall be used
for developer subsidy. Any developer subsidy shall be specifically approved as
a separate action of the City Council and the Town Center Redevelopment
Agency.”

Motion to approve Resolution
No. 12-49 as amended was made by Vice Mayor Pohlmann, and Seconded by
Councilman Kennedy.

Mayor
Green asked for public comments.

Ted
Noftall asked where the savings for police and fire are coming from. Mr. Parker
advised that it has been reported on several occasions that the RCC money is $300,000,
which was for the data conversion to the new system. Mr. Parker advised that
there are vacancies in the fire budget because of the contract negotiations. Jerry
Monahan, Public Safety Director, explained that the fire budget is saving on
wages, less overtime, and the nine vacancies. On the police side, there are also
vacancies that showed some savings. The fuel savings are because there are fewer
officers on the streets burning gas. He is working on getting back to full
staff. Mr. Noftall asked if the budgets were over-budgeted. Mr. Parker said
no. Mayor Green said he prefers to be conservative.

AN ORDINANCE OF THE CITY OF PORT ORANGE, VOLUSIA COUNTY, FLORIDA,
AMENDING CHAPTER 70, ARTICLE II, SECTION 70-33 RELATING TO THE PARKING CITATION
PROCEDURE FOR ENFORCEMENT AND PROSECUTION; AMENDING SECTION 70-33 INCREASING
THE FINE FOR PARKING VIOLATIONS; PROVIDING FOR REPEAL OF CONFLICTING
ORDINANCES; PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE.

Motion to approve Ordinance No. 2012-21 made by Vice Mayor
Pohlmann, and Seconded by Councilman Kennedy.

Chief
Monahan explained the need for the increase in fines for parking violations. It
is currently ineffective. He explored other options to discourage boaters from
parking illegally at the Dunlawton Causeway and this was the best option.

Councilman
Burnette asked if the boaters are parking because it is convenient or because
there is not enough parking. Chief Monahan said there is not enough parking but
it doesn't give them the right to park illegally. He would suggest boaters go
to another boat ramp. It is first come, first served. Councilman Burnette would
like to find a way to alleviate the issue in a safe way.

Councilman
Ford agrees with the increase but doesn't know if it will solve the problem.

Vice
Mayor Pohlmann asked that a sign be posted advising of the change in fees. Mr.
Parker said he will have Public Works make signs for the area.

A RESOLUTION OF THE CITY OF PORT ORANGE, VOLUSIA COUNTY, FLORIDA,
RATIFYING THE NEW SMYRNA BEACH RELEASE AND HOLD HARMLESS AGREEMENT REQUIRED FOR
MOTORCYCLE TRAINING; PROVIDING FOR REPEAL OF CONFLICTING RESOLUTIONS; PROVIDING
FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE.

Motion to approve
Resolution No. 12-46 made by Vice Mayor Pohlmann, and Seconded by Councilman
Burnette.

AN ORDINANCE OF THE CITY OF PORT ORANGE, VOLUSIA COUNTY, FLORIDA,
ESTABLISHING AN OFFICIAL MUNICIPAL SEAL AND LOGO; PROVIDING FOR PENALTIES FOR
UNAUTHORIZED USE; PROVIDING FOR REPEAL OF CONFLICTING ORDINANCES; PROVIDING FOR
SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE.

Motion to approve Ordinance No. 2012-18 made by Vice Mayor
Pohlmann, and Seconded by Councilman Kennedy.

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PORT ORANGE, VOLUSIA
COUNTY, FLORIDA, AMENDING AND RESTATING POLICIES AND FEES FOR THE SALE OF
CREDITS FROM THE CITY OF PORT ORANGE WETLAND MITIGATION BANK; PROVIDING FOR
CONFLICTING RESOLUTIONS AND PROVIDING AN EFFECTIVE DATE.

Motion to approve
Resolution No. 12-47 made by Vice Mayor Pohlmann, and Seconded by Councilman
Kennedy.

Vice
Mayor Pohlmann asked how much the credits are worth. Shannon Lewis, Assistant
City Manager, advised that the state credits being released are worth $50,000.

Mayor
Green asked for public comments; there were none.

Motion carried
unanimously by roll call vote.

28.Resolution No. 12-57 –Smart Meter Program
– Florida Power & Light

Mayor Green
read Resolution No. 12-57.

RESOLUTION NO. 12-57

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PORT ORANGE, VOLUSIA
COUNTY, FLORIDA; ENCOURAGING THE FLORIDA PUBLIC SERVICE COMMISSION TO SUPPORT
THE RIGHT OF PORT ORANGE RESIDENTS RELATING TO SMART METER INSTALLATION IN
HOMES; REQUIRING HOMEOWNER PERMISSION PRIOR TO SUCH INSTALLATION; PROVIDING AN
EFFECTIVE DATE.

Motion to approve
Resolution No. 12-57 made by Vice Mayor Pohlmann, and Seconded by Councilman
Kennedy.

Mayor Green
confirmed citizens should contact FPL if they have received a smart meter and
don't want one.

Councilman
Kennedy has problems with the fact that the employees do not have marked
vehicles.

Vice
Mayor Pohlmann is waiting to hear what happens on September 20th with the PSC.

Councilman
Burnette supports the resolution to allow options for residents.

Councilman
Ford doesn't believe anyone has the facts on these meters, but all residents
deserve the chance to opt out.

Mr.
Parker reported on his discussion with Larry Volenec and the City's experience
with meter replacement at City facilities recently. Mr. Volenec told Mr. Parker
all subcontractors should have IDs to provide when asked and magnets for the
vehicles are on order. Mr. Parker advised citizens to call the City Manager's
office if they don't want a smart meter and staff will relay it to FPL.

Mayor
Green asked for public comments.

Margaret
Preston asked if the announcement can be put in the newspaper or newsletter. Mr.
Parker said yes, he will also include it on the website.

Motion carried
unanimously by roll call vote.

COUNCIL
COMMENTS

29.Comments/Concerns from Council Members

Vice Mayor Pohlmann advised
that a resident in Summertrees has to hire someone to trim hedges and the City
is not picking up the trimmings. Mr. Parker said the contractor is supposed to
haul them away. He said a complaint came into the City that the resident hired
a contractor and the contractor left the trimmings on the curb illegally. Mr.
Parker said code officers sometimes catch contractors leaving trimmings.

Councilman Burnette asked
about the canal near Dr. Bartos. Mr. Parker said according to the County, they
are in the construction right of way. Councilman Burnette reminded all that the
Halifax River Clean Up is on September 15th. Saturday is the home opener for
Pop Warner at Spruce Creek High School.

Councilman Ford would like
to take into account the Community Development grants for Commonwealth in
particular. The road and sidewalk need repairs. He would like to have discussions
with the County for canal cleanup in this area. Rather than “cutting to the
bone”, he wants to talk about building some monies for specific projects, such
as more ball fields, land swaps, and Riverwalk Park development.

Mr. Parker advised Council
that a special meeting of the Council and CRA is needed relating to policy
issues for Riverwalk. They need policy issues worked out before more
negotiations are held. Mayor Green asked for modifications before a special
meeting. Mr. Parker said he needs policy questions answered. He believes two hours
are needed for the meeting on September 11, 2012 at 6 p.m.

Mr. Parker advised Champions
Day will be held with Family Days on October 6th. He provided details of their
meeting in Tallahassee. A tentative date of October 1st has been set aside for another
meeting relating to the Doris Leeper plan. The State is open for some changes. Steve
Edgar provided maps with more scrub habitat on the Stanaki property to be
proposed as a swap. Staff needs to talk to Florida Community Trust group. Mayor
Green thought it was a productive meeting in Tallahassee.